The Source Of State Claims In The System Of Compensation For Ecological And Environmental Damages

For the ecological environment damage compensation system at this stage,the academic community mostly focuses on the construction,operation and legislative content of the system,and pays less attention to the question of what kind of claim rights are born on the basis of this system.Only research on the issue of claim rights also focuses on analysis from the perspective of doctrine,and lacks the analysis of China’s constitutional text and relevant legal provisions.At the same time,China’s relevant legal normative system also lacks special provisions on the ecological environment damage compensation system.In view of the problem that the source of state claims in the ecological environment damage compensation system at this stage is unknown,this paper starts from the path of legal hermeneutics and uses the argumentation method of legal rights at the logical level to explore a rights chain system with Chinese characteristics,that is,always adhere to the theory of "ownership by the whole people" in Article 9 of the Constitution,and realize the traceability of rights by constructing a right chain of "owned by the whole people-owned by the state-usufruct rights of natural resources".The first chapter of this paper is an introductory part,which mainly includes the origin of the claim right of the ecological environment damage compensation system,the existing research status and research ideas in the academic circle,and the main research methods used in this paper.Chapter 2 mainly raises questions by sorting out the development process of the construction of the ecological environment damage compensation system.Chapter 3 summarizes the current concept of ownership of relevant natural resources and finds the theory of national ownership of relevant natural resources that is most suitable for national conditions.Chapters 4 and 5 respectively analyze the essence of the theory of public ownership of natural resources and the connotation of the ecological and environmental damage compensation system,respectively,and examine whether the realization path of such a right chain is of practical significance from the construction of legal logic chain and the realization path of "ownership by the whole people".After successfully constructing the rights chain of the ecological environment damage compensation system,this paper argues that the ecological environment damage compensation system should adhere to the theory of public rights of national ownership of natural resources.At the same time,some practical deficiencies in the construction of ecological environment damage compensation system based on national ownership of natural resources are summarized,and some constructive suggestions for the future of ecological environment damage compensation system are put forward,so as to ensure that the clarity of claim rights can guide the smooth construction of the system.